Legal and regulatory compliance Flashcards
What is Lotus & Delta v Culverwell?
Lotus and Delta v Culverwell is a case law which relates to the hierarchy of evidence to be used in rating, The weight given to the actual rent will depend on how closely it conforms to the terms of the rating hypothesis.
What does Rebus Sic Stantibus mean?
valuing the property as it stands, based on its mode or category of use. This based on two limbs, the physical limb and the use limb.
What case refers to the mode and category of use as referred in Schedule 6 of the LFGA 1988?
Williams v Scottish and Newcastle Retail Ltd
What is the LGFA 1988?
The Local Government Finance Act 1988 introduced significant reforms to local taxation in the United Kingdom (except Northern Ireland). The old systems of rates were replaced by the Community Charge (for individuals) and business rates (for businesses).
What is the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018?
The Act makes provision, where two or more hereditaments (or properties) occupied or owned by the same person meet certain conditions as to contiguity, for those properties to be treated for business rates purposes as one single hereditament.
What is the act relating to health and safety?
the Health and Safety at Work etc Act 2018
What is the national planning policy framework?
The National Planning Policy Framework sets out the Government’s planning policies for England and how these should be applied1. It provides a framework within which locally-prepared plans for housing and other development can be produced.
What is the control of asbestos regulations 2012?
the Control of Asbestos Regulations 2012 and come into force on 6th April 2012.
The Control of Asbestos Regulations 2012 provide the most up-to-date regulations on working with asbestos. They are generally accepted to apply to properties built before 2000, as these properties may still have asbestos containing materials.
What is the regulatory reform (fire safety) order 2005?
The Regulatory Reform (Fire Safety) Order 2005 – the Fire Safety Order – provides a framework for regulating fire safety in all non-domestic premises including workplaces and the parts of multi-occupied residential buildings used in common in England and Wales.
what is the building safely bill?
The Building Safety Act 2022 is primary legislation which establishes in law a framework for building safety both during design and construction and in occupation.
What is woolway v mazars?
All floors in a multi-occupied office building occupied by the same entity must be separately assessed even where the floors are contiguous, save where there is a direct link (e.g. an internal staircase) without passing through the common parts.
However has since been replaced by the Rating (in common occupation) and council tax (empty dwellings) act 2018.
What is the key legislation relating to planning?
Planning and Compulsory Purchase Act 2004
It makes provisions relating to spatial development, planning and compulsory purchase and establishes sustainable development as a key objective of the planning system
What is the key legislation relating to land compensation?
Land Compensation Act 1973
What are the key principles of land compensation?
Land Compensation Act 1973
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Tell me about health & safety legislation relating to development projects.
Tell me about disability legislation relating to development projects.
Tell me about construction legislation relating to development projects.
Tell me about design and management regulations relating to development projects.
What is an Environment Impact Assessment?
Environmental Impact Assessment (EIA) is a tool used to assess the significant effects of a project or development proposal on the environment. EIAs make sure that project decision makers think about the likely effects on the environment at the earliest possible time and aim to avoid, reduce or offset those effects.
What is a Strategic Environment Assessment?
Strategic environmental assessment consists of a range of analytical and participatory approaches that aim to integrate environmental considerations into policies, plans and programmes and evaluate the inter-linkages with economic and social considerations.
Tell me briefly about the statutory control of building works.
Statutory obligations are those obligations that do not arise out of a contract, but are imposed by law. The statutory obligations applicable to the design, construction and operation of buildings are extensive and complicated, and they will depend on the specific nature of the proposed development
Tell me about your understanding of current building regulations.
What enforcement controls exist on unauthorised building works?
Stop Notices
Issued where unauthorised works are proceeding, a Stop Notice requires that work or use be immediately stopped. Stop Notices are issued in extreme circumstances in conjunction with an Enforcement Notice, requiring that all unauthorised activities cease before the Enforcement Notice becomes fully effective.
What is Part L of the Building Regulations?
Part L of the building regulations relates to the conservation of fuel and power. covering all newly-built dwellings, as well as refurbishment to existing buildings.
How does this impact upon development?
the new changes to Part L are to reduce carbon emissions by 31% for new homes through a set of reformed insulation and air tightness requirements.
What changes to the Approved Documents apply from June 2022?
The changes effect Approved Document F (Ventilation) and L (Conservation of fuel and power), while also introducing Approved Document O and Approved Document S
Why were they made?
On June 15 2022 the Building Regulations will be updated to improve energy efficiency in both residential and non residential buildings. These changes form part of the roadmap to the 2025 Future Homes Standard, with a primary goal to reduce carbon emissions and ultimately to reach net carbon zero emissions.
What does Approved Document O relate to?
Approved Document O, sets the standards for overheating in new residential buildings.
What does Approved Document R relate to?
Part R introduces a new requirement for ensuring that ‘the building is equipped with a high-speed in-building physical infrastructure, up to a termination point for high-speed electronic communications networks’.
How do transitional arrangements work when the Building Regulations are amended?
The Transitional Provisions mean that projects where a building regulations application was made before that date must be started on site before the 15th of June 2023 or the new regulations will apply.
What is the Equality Act 2010 and how does it impact upon your scope of practice?
The Equality Act is a law which protects you from discrimination. It means that discrimination or unfair treatment on the basis of certain personal characteristics, such as age, is now against the law in almost all cases.
Talk me through the requirements of the Modern Slavery Act 2015.
There are two main parts to the requirements of the Modern Slavery Act.
- Take action to identify, prevent and mitigate modern slavery in your operations and supply chains.
- Publish an annual statement to report on these actions – within six months of your company’s financial year-end. - Section 54 of the Modern Slavery Act 2015 requires a commercial organisation to prepare a slavery and human trafficking statement for each financial year of the organisation if its total turnover is not less than an amount prescribed by the Secretary of State.
What are the objectives of it?
An Act to make provision about slavery, servitude and forced or compulsory labour and about human trafficking, including provision for the protection of victims; to make provision for an Independent Anti-slavery Commissioner; and for connected purposes.
Talk me through your understanding of contract principles in respect of valuation terms of engagement.
Talk me through your understanding of contamination and the polluter pays principle.
Talk me through your understanding of the Environmental Protection Act 1990.
Talk me through the key principles of NPPF.
When was the NPPF last updated and what key changes were made?
The National Planning Policy Framework was updated on 5 September 2023 and sets out the government’s planning policies for England and how these are expected to be applied.
The Government’s reform proposals include making local housing targets advisory and removing the need for local authorities to continually demonstrate a deliverable 5-year housing land supply.
Talk me through financial regulation in the UK and how this has changed in recent years.
